Florida Senate - 2023                                    SB 1276
       By Senator Book
       35-00917A-23                                          20231276__
    1                        A bill to be entitled                      
    2         An act relating to involuntary civil commitment of
    3         sexually violent predators; creating s. 394.9131,
    4         F.S.; requiring the Department of Children and
    5         Families to enroll certain persons for a specified
    6         time in a prerelease treatment program developed by
    7         the department under certain circumstances; providing
    8         requirements for such program; requiring the
    9         department to coordinate with the Department of
   10         Corrections to ensure access to such program;
   11         requiring that the program be delivered remotely by
   12         video conference; amending s. 394.918, F.S.; creating
   13         a rebuttable presumption that it is not safe for a
   14         person to be at large if the person has not completed
   15         a hierarchal advancing treatment plan; creating s.
   16         394.9181, F.S.; requiring certain persons to complete
   17         a hierarchal advancing treatment plan before being
   18         released; providing requirements for such plan;
   19         requiring primary treating clinicians and clinical
   20         directors or their specified designees to review a
   21         person’s treatment plan and progress and prepare a
   22         status report for the person’s clinical file; amending
   23         s. 394.930, F.S.; requiring the Department of Children
   24         and Families to adopt rules; amending s. 394.931,
   25         F.S.; requiring the Department of Corrections to
   26         include specified data in its quarterly reports;
   27         requiring the department to publish certain quarterly
   28         and annual reports on its public website; providing an
   29         effective date.
   31  Be It Enacted by the Legislature of the State of Florida:
   33         Section 1. Section 394.9131, Florida Statutes, is created
   34  to read:
   35         394.9131 Mandatory prerelease treatment program for persons
   36  in custody of the Department of Corrections.—
   37         (1)Upon written notice of the anticipated release of a
   38  person from the Department of Corrections being provided to a
   39  state attorney and a multidisciplinary team pursuant to s.
   40  394.913(1), the department must enroll such person for a minimum
   41  of 12 weeks in a prerelease treatment program developed by the
   42  department if a multidisciplinary team has determined that such
   43  person meets the definition of a sexually violent predator
   44  pursuant to s. 394.913.
   45         (2)The prerelease treatment program must include evidence
   46  based psychological therapies developed by clinical staff at the
   47  Florida Civil Commitment Center and include, at a minimum,
   48  counseling directed toward sex offender-specific issues and
   49  general psychological issues.
   50         (3)The department shall coordinate with the Department of
   51  Corrections to ensure access to the prerelease treatment program
   52  for such persons. The prerelease treatment program must be
   53  delivered remotely by video conference.
   54         Section 2. Subsection (5) is added to section 394.918,
   55  Florida Statutes, to read:
   56         394.918 Examinations; notice; court hearings for release of
   57  committed persons; burden of proof.—
   58         (5) At the probable cause hearing under subsection (3) and
   59  the trial under subsection (4), there is a rebuttable
   60  presumption that the person’s mental condition remains such that
   61  it is not safe for the person to be at large if the person has
   62  not completed the entire series of a hierarchal advancing
   63  treatment plan pursuant to s. 394.9181.
   64         Section 3. Section 394.9181, Florida Statutes, is created
   65  to read:
   66         394.9181 Hierarchal advancing treatment plan for committed
   67  persons; requirements; components.—
   68         (1)If a multidisciplinary team determines that a person
   69  meets the definition of a sexually violent predator pursuant to
   70  s. 394.913 and the person is committed under this part
   71  subsequent to a trial, the person may not be released before
   72  completing the entire series of a hierarchal advancing treatment
   73  plan developed by the department.
   74         (2) The hierarchal advancing treatment plan must:
   75         (a)Consist of a series of hierarchically advancing stages
   76  of treatment and rehabilitation;
   77         (b)Include cognitive-behavioral therapy and relapse
   78  prevention therapy tailored to meet the needs of each committed
   79  person. Each committed person must receive a comprehensive
   80  assessment that allows the department to develop an
   81  individualized treatment plan for the person;
   82         (c)Afford group and, where indicated, individual
   83  counseling directed toward sex offender-specific issues, as well
   84  as substance use disorder and general psychological issues; and
   85         (d)In addition to structured counseling activities, offer
   86  vocational therapy and therapeutic recreational activities.
   87         (3)At least annually, the primary treating clinician of
   88  each committed person and the clinical director or his or her
   89  licensed psychologist or psychiatrist designee shall review the
   90  person’s treatment plan and progress and shall prepare a status
   91  report to be included in the person’s clinical file, with
   92  notation of any adjustments made in the person’s treatment plan
   93  as a result of the review.
   94         Section 4. Section 394.930, Florida Statutes, is amended to
   95  read:
   96         394.930 Authority to adopt rules.—The Department of
   97  Children and Families shall adopt rules for all of the
   98  following:
   99         (1) Procedures that must be followed by members of the
  100  multidisciplinary teams when assessing and evaluating persons
  101  subject to this part.;
  102         (2) Education and training requirements for members of the
  103  multidisciplinary teams and professionals who assess and
  104  evaluate persons under this part.;
  105         (3) The criteria that must exist in order for a
  106  multidisciplinary team to recommend to a state attorney that a
  107  petition should be filed to involuntarily commit a person under
  108  this part. The criteria must shall include, but are not limited
  109  to, whether:
  110         (a) The person has a propensity to engage in future acts of
  111  sexual violence;
  112         (b) The person should be placed in a secure, residential
  113  facility; and
  114         (c) The person needs long-term treatment and care.
  115         (4) The designation of secure facilities for sexually
  116  violent predators who are subject to involuntary commitment
  117  under this part.;
  118         (5) The components of the basic treatment plan, in addition
  119  to the components required in the hierarchal advancing treatment
  120  plan under s. 394.9181, for all committed persons under this
  121  part.;
  122         (6) The components of the prerelease treatment program
  123  required under s. 394.9131, including the components specified
  124  in s. 394.9131(2), and the provision of such treatment program
  125  in coordination with the Department of Corrections.
  126         (7) The protocol to inform a person that he or she is being
  127  examined to determine whether he or she is a sexually violent
  128  predator under this part.
  129         Section 5. Section 394.931, Florida Statutes, is amended to
  130  read:
  131         394.931 Quarterly and annual reports.—The Department of
  132  Corrections shall collect information and compile quarterly
  133  reports with statistics profiling inmates released the previous
  134  quarter who fit the criteria and were referred to the Department
  135  of Children and Families pursuant to this act. At a minimum, the
  136  information that must be collected and compiled for inclusion in
  137  the reports includes: whether the qualifying offense was the
  138  current offense or the prior offense; the offender’s most
  139  serious sexual offense; the total number of distinct victims of
  140  the sexual offense; whether the victim was known to the
  141  offender; whether the sexual act was consensual; whether the
  142  sexual act involved multiple victims; whether direct violence
  143  was involved in the sexual offense; the age of each victim at
  144  the time of the offense; the age of the offender at the time of
  145  the first sexual offense; whether a weapon was used; length of
  146  time since the most recent sexual offense; and the total number
  147  of prior and current sexual offense convictions. The Department
  148  of Corrections shall compile recidivism data on those referred,
  149  detained, or committed to the department. The data must shall be
  150  included in the Department of Corrections’ quarterly and annual
  151  reports, and such reports must be published on the Department of
  152  Corrections’ public website report.
  153         Section 6. This act shall take effect July 1, 2023.